A Child Arrangements Order is a legal Court Order issued by a Family Court that determines where a child should live and the time they spend with another party. This type of order was formerly known as a ‘residence’ or ‘custody’ order.
A Child Arrangements Order is legally binding and must include a Warning Notice that outlines the penalties for not complying with the order. This should be on the face of the Order and at the end of the Order. This notice is very important when enforcing a child arrangements order as it sets out the warnings for the parties if they breach it, in clear unequivocol terms.
What Happens if You Breach a Child Arrangements Order?
Breaching a Child Arrangements Order can result in being found in Contempt of Court, with consequences including fines, asset seizure, or imprisonment.
The Warning Notice within the order will state: “If you do not follow the directives of the child arrangements order, you may be required to do unpaid work or pay compensation. Additionally, you could be held in contempt and face imprisonment, fines, or asset seizure.”
If a breach occurs, the affected party can seek enforcement by the Court using a C79 Form.
When enforcing the order, the Court might impose penalties like unpaid work or financial compensation for losses incurred by the other parent due to the breach.
What Is a Reasonable Excuse to Breach a Child Arrangements Order?
There are instances where non-compliance with a Child Arrangements Order might be justified or necessary. The Court will evaluate whether there is a reasonable excuse based on the specific circumstances.
For instance, unforeseen events like traffic delays or an extended appointment might be excused if they happen occasionally. However, frequent and unexcused delays that affect the child’s time with the other parent might lead to enforcement actions by the Court.
In situations involving potential harm to the child, such as safeguarding concerns, non-compliance may be necessary. It is recommended to seek urgent legal advice in these cases.
The Court’s primary concern is the child’s welfare, and if there is a significant risk of harm, there might be a justifiable reason for breaching the order.
Variation of a Child Arrangements Order
If there are valid reasons for not adhering to an order, such as safeguarding issues, you might need to urgently apply to vary the Child Arrangements Order.
To request a modification, one must complete a C100 or C2 form, depending on existing proceedings. Modifications might involve changes in the timing or location of exchanges due to shifts in work schedules or more critical changes like altering where the child lives or suspending contact with a parent.
When reviewing a variation application, the Court will consider the child’s welfare based on a specific set of criteria outlined in the Children Act 1989. They also look at the present arrangeemnts, ie) the status quo and why there should be a departure from that.
Understanding the laws around Child Arrangements Order breaches and enforcement can be complex. It is advisable to consult with expert Family Law Solicitors to discuss your specific situation.